### §2346. Authority

#### (a) Policy requirements for assistance

The Congress recognizes that, under special economic, political, or security conditions, the national interests of the United States may require economic support for countries or in amounts which could not be justified solely under part I of subchapter I of this chapter or, in the case of countries in sub-Saharan Africa, part X of subchapter I of this chapter. In such cases, the President is authorized to furnish assistance to countries and organizations, on such terms and conditions as he may determine, in order to promote economic or political stability. To the maximum extent feasible, the President shall provide assistance under this part consistent with the policy directions, purposes, and programs of subchapter I of this chapter.

#### (b) Responsibility for policy decisions and justifications

The Secretary of State shall be responsible for policy decisions and justifications for economic support programs under this part, including determinations of whether there will be an economic support program for a country and the amount of the program for each country. The Secretary shall exercise this responsibility in cooperation with the Administrator of the agency primarily responsible for administering subchapter I of this chapter.

#### (c) Detailed justification for uses and purposes of funds

As part of the annual presentation materials for foreign assistance submitted to the Congress, the agency primarily responsible for administering subchapter II of this chapter shall provide a detailed justification for the uses and the purposes of the funds provided under this part. Such material shall include, but not be limited to, information concerning the amounts and kinds of cash grant transfers, the amounts and kinds of budgetary and balance-of-payments support provided, and the amounts and kinds of project assistance provided with funds made available under this part.

#### (d) Repealed. Pub. L. 105–277, div. A, §101(d) [title V, §533(a)(5)], Oct. 21, 1998, 112 Stat. 2681–150, 2681–180

#### (e) Availability of funds

Amounts appropriated to carry out this part shall be available for economic programs only and may not be used for military or paramilitary purposes.

(Pub. L. 87–195, pt. II, §531, as added Pub. L. 99–83, title II, §201(a), Aug. 8, 1985, 99 Stat. 210; amended Pub. L. 101–513, title V, §562(d)(8), Nov. 5, 1990, 104 Stat. 2031; Pub. L. 105–277, div. A, §101(d) [title V, §533(a)(5)], Oct. 21, 1998, 112 Stat. 2681–150, 2681–180.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 2346, Pub. L. 87–195, pt. II, §531, as added Pub. L. 92–226, pt. II, §202(a), Feb. 7, 1972, 86 Stat. 26; amended Pub. L. 95–92, §8(a), Aug. 4, 1977, 91 Stat. 617; Pub. L. 95–384, §10(a), Sept. 26, 1978, 92 Stat. 733; 1979 Reorg. Plan No. 2, §6(b)(1), eff. Oct. 1, 1979, 44 F.R. 41166, 93 Stat. 1379; Pub. L. 96–92, §8(a), Oct. 29, 1979, 93 Stat. 703; Pub. L. 96–533, title II, §201, Dec. 16, 1980, 94 Stat. 3142; Pub. L. 97–113, title II, §201, Dec. 29, 1981, 95 Stat. 1528, authorized President to furnish assistance to countries and organizations to promote economic or political stability, prior to repeal by Pub. L. 99–83, title II, §201(a), Aug. 8, 1985, 99 Stat. 210.

#### Amendments

1998—Subsec. (d). Pub. L. 105–277 struck out subsec. (d) which read as follows: "To the maximum extent feasible, funds made available pursuant to this part for commodity import programs or other program assistance shall be used to generate local currencies, not less than 50 percent of which shall be available to support activities consistent with the objectives of sections 2151a through 2151d of this title, and administered by the agency primarily responsible for administering subchapter I of this chapter."

1990—Subsec. (a). Pub. L. 101–513 inserted "or, in the case of countries in sub-Saharan Africa, part X of subchapter I of this chapter" after "part I of subchapter I of this chapter".

#### **Statutory Notes and Related Subsidiaries**

#### References to Subchapter I Deemed To Include This and Certain Other Parts of Subchapter II, and References to Subchapter II Deemed To Exclude Such Parts

Pub. L. 92–226, pt. II, §202(b), Feb. 7, 1972, 86 Stat. 27, provided that: "Chapter 4 of part I of the Foreign Assistance Act of 1961 [part IV of subchapter I of this chapter (sections 2241 to 2243 of this title)] is hereby repealed. References to such chapter [4 of part I of the Foreign Assistance Act of 1961 (former sections 2241 to 2243 of this title)] or any sections thereof shall hereafter [on and after Feb. 7, 1972] be deemed to be references to chapter 4 of part II of the Foreign Assistance Act of 1961, as added by subsection (a) of this section [this part], or to appropriate sections thereof. All references to part I of the Foreign Assistance Act of 1961 [subchapter I of this chapter] shall hereafter be deemed to be references also to chapter 4 of part II [this part], and all references to part II of such Act [subchapter II of this chapter] shall be deemed not to include chapter 4 of such part II [this part]".

References to subchapter I of this chapter are deemed to include parts VI (§2348 et seq.) and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See sections 2348c and 2349aa–5 of this title.

#### Reference to Part I Deemed To Include Section 2293

Reference to part I of subchapter I of this chapter deemed to include a reference to section 2293 of this title. See section 2293(d)(1) of this title.

#### Effective Date

Section effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as an Effective Date of 1985 Amendment note under section 2151–1 of this title.

#### Assistance to Lebanon

Pub. L. 107–228, div. B, title XII, §1224, Sept. 30, 2002, 116 Stat. 1432, provided that:

"(a) Prohibition.—Notwithstanding any other provision of law, $10,000,000 of the amounts made available for fiscal year 2003 or any subsequent fiscal year that are allocated for assistance to Lebanon under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the economic support fund) may not be obligated unless and until the President certifies to the appropriate congressional committees that—

"(1) the armed forces of Lebanon have been deployed to the internationally recognized border between Lebanon and Israel; and

"(2) the Government of Lebanon is effectively asserting its authority in the area in which such armed forces have been deployed.

"(b) Requirement Relating to Funds Withheld.—Notwithstanding any other provision of law, any funds withheld pursuant to subsection (a) may not be programmed in order to be used for a purpose other than for assistance to Lebanon until the last month of the fiscal year in which the authority to obligate such funds lapses."

[For definition of "appropriate congressional committees" as used in section 1224 of Pub. L. 107–228, set out above, see section 3 of Pub. L. 107–228, set out as a note under section 2651 of this title.]

#### Assistance to Afghanistan

Pub. L. 99–83, title IX, §904, Aug. 8, 1985, 99 Stat. 268, provided that:

"(a) Authorization.—The President may make available funds authorized to be appropriated to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 [22 U.S.C. 2346 et seq.] (relating to the economic support fund) for the provision of food, medicine, or other humanitarian assistance to the Afghan people, notwithstanding any other provision of law.

"(b) Earmarking of Funds.—Each fiscal year, not less than $15,000,000 of the aggregate amount of funds available to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 shall be available only for humanitarian assistance to the Afghan people pursuant to subsection (a) of this section.

"(c) Effective Dates.—This section shall take effect on the date of enactment of this Act [Aug. 8, 1985], except that subsection (b) shall not apply to fiscal year 1985."

#### Reports on Economic Conditions Prevailing in Egypt, Israel, Turkey, and Portugal

Pub. L. 99–83, title XII, §1205, Aug. 8, 1985, 99 Stat. 277, provided that:

"(a) External Debt Burden of Certain Countries Receiving United States Assistance.—The Congress finds that the Governments of Egypt, Israel, Turkey, and Portugal each have an enormous external debt burden which may be made more difficult by virtue of financing provided for those governments under various United States assistance programs.

"(b) Annual Reports on Economic Conditions.—In order to assist the Congress in examining United States assistance for these countries, the President shall report to Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate, not later than January 15 of each year, regarding economic conditions prevailing in Egypt, Israel, Turkey, and Portugal which may affect their respective ability to meet their international debt obligations and to stabilize their economies."

[For delegation of functions of President under section 1205(b) of Pub. L. 99–83, set out above, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.]

#### References to Security Supporting Assistance as References to Assistance Under Part IV of Subchapter II of This Chapter

Pub. L. 95–384, §10(b)(6), Sept. 26, 1978, 92 Stat. 735, provided that: "After September 30, 1978, any reference in any law to security supporting assistance shall be deemed to be a reference to assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 [this part]."

#### Security Supporting Assistance Program for Egypt

Pub. L. 95–92, §9, Aug. 4, 1977, 91 Stat. 619, as amended by Pub. L. 95–384, §29(c)(2)(A), Sept. 26, 1978, 92 Stat. 747, provided that: "It is the sense of the Congress that the security supporting assistance program for Egypt plays an important role in the Middle East peace effort and that the Executive branch should concentrate its efforts in order to make the program a success."

#### **Executive Documents**

#### Delegation of Functions

For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.